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Post by rissmeek on Mar 9, 2011 22:49:03 GMT -5
Unfortunately (for Bill), I could actually see in the Utah criminal code that the lack of knowledge of the persons actual age is not a defense. How strange......doesn't seem fair, since Marg even passed herself off working at Home Plus as 18...insurance and all that she said..... I agree! Just a loop hole the writers forgot about when they tossed this story line into the mix.
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Post by writerwannabe on Mar 9, 2011 22:56:32 GMT -5
How strange......doesn't seem fair, since Marg even passed herself off working at Home Plus as 18...insurance and all that she said..... Just doing some basic searches I found several really creepy sites that appear to be written to advise would-be child sexual predators how to cover their tracks. IMHO, disallowing ignorance of the victim's actual age is pretty basic to being able to convict predators. Yes, it is true that Margene appears to be the predator in this situation. She stalked Bill. He only thought he was stalking her, but the law doesn't see it that way. He is the adult, she is the child. Too bad Bill.
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Post by duets on Mar 9, 2011 23:04:36 GMT -5
In most states penetration is not even required for the charge of statutory rape.
In other words, if one has a pruent interest that manifests itself into ejaculation, that is considered statutory rape, whether the act of sex actually occurred or not.
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Post by duets on Mar 9, 2011 23:09:09 GMT -5
Could I just send him my Safeway card?? LOL, sure, that'll work!
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Post by duets on Mar 9, 2011 23:16:39 GMT -5
Unfortunately (for Bill), I could actually see in the Utah criminal code that the lack of knowledge of the persons actual age is not a defense. No, it never is, that's why it's called statutory. It's a per se violation of the criminal code. It's like trespass (one doesn't have to know who's property it is; just that they trespass is enough to violate trespass).
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Post by withay on Mar 10, 2011 2:06:55 GMT -5
I've totally confused myself trying to research the Utah criminal code. We need a lawyer to chime in here! I think the issue is the difference in ages between Margene and Bill. As far as I can tell, the more than 10 year age difference trumps the 16 age of consent. But I'm not a lawyer. Hubby~att, just got home, I ask him. He said, for me to ask you'll to send me your credit card #'s, he charges $350/hr. RE: MarriageThe age of legal marriage varies from state to state. In Utah: 16 is the magical age for marriage, 15 with parental approval, 14 w/court approval. I think the confusion here is apples & oranges. RE: SEX 7y/o & below, there's no consent (generally speaking) 8-13y/o, Irrebuttable presumption (that there's no consent) 14-17/18y/o, rebuttable presumption (that there's no consent) 17-18y/o & up (depending upon state's law, no consent needed) Okay, Duets, put it in English. At 16, could Margene consent to sex with Bill?
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Post by Dee on Mar 10, 2011 8:04:04 GMT -5
A tad off topic...is it just me, or is it superbly ironic that we live in a country where 12 year olds can be prosecuted as adults for murder, but a 16 year old is considered to be a "child" and unable to give consent for sex, AND not held accountable for deceiving someone about their age?
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Post by withay on Mar 10, 2011 8:53:08 GMT -5
A tad off topic...is it just me, or is it superbly ironic that we live in a country where 12 year olds can be prosecuted as adults for murder, but a 16 year old is considered to be a "child" and unable to give consent for sex, AND not held accountable for deceiving someone about their age? Well, when you put it that way....
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Post by duets on Mar 10, 2011 11:10:59 GMT -5
Hubby~att, just got home, I ask him. He said, for me to ask you'll to send me your credit card #'s, he charges $350/hr. RE: MarriageThe age of legal marriage varies from state to state. In Utah: 16 is the magical age for marriage, 15 with parental approval, 14 w/court approval. I think the confusion here is apples & oranges. RE: SEX 7y/o & below, there's no consent (generally speaking) 8-13y/o, Irrebuttable presumption (that there's no consent) 14-17/18y/o, rebuttable presumption (that there's no consent) 17-18y/o & up (depending upon state's law, no consent needed) Okay, Duets, put it in English. At 16, could Margene consent to sex with Bill? Based upon the laws of Utah, Yes, with rebuttable presumption. *Presumption is a term that is used to describe a belief based on reasonable evidence. *Rebuttable, to refuse by offering opposing evidence or arguments, in other words to refute.
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Post by duets on Mar 10, 2011 11:19:38 GMT -5
A tad off topic...is it just me, or is it superbly ironic that we live in a country where 12 year olds can be prosecuted as adults for murder, but a 16 year old is considered to be a "child" and unable to give consent for sex, AND not held accountable for deceiving someone about their age? Agree, that's the irony of the injustice, for instance @ 18y/o, one can go fight in war; however, they can't go in a bar & buy a drink, legally.
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Post by firstwife on Mar 10, 2011 13:40:12 GMT -5
Unfortunately (for Bill), I could actually see in the Utah criminal code that the lack of knowledge of the persons actual age is not a defense. How strange......doesn't seem fair, since Marg even passed herself off working at Home Plus as 18...insurance and all that she said..... Actually, go back and rewatch that episode. She said that no one at HP looked at her paperwork. Evidently, she was truthful there, but no one caught it.
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Post by Dee on Mar 10, 2011 20:07:50 GMT -5
betheaz, thank you! I'm not sure what an Exalt is, but I'm sure I'd be honored. My husband was among those who served his country before he could drink or vote. Now he's a disabled vet with PTSD.
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Post by Dee on Mar 11, 2011 9:42:45 GMT -5
I couldn't agree more, betheaz. I think almost everyone who served in Vietnam has PTSD. The help the VA doctors have given my husband (and the meds) have certainly helped him. But it never goes away.
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Post by writerwannabe on Mar 11, 2011 12:28:49 GMT -5
Yep. My honey is 70 years old and about once a week he starts off the morning with.....last night I dreamed I was back in the navy........
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Post by rissmeek on Mar 11, 2011 15:35:06 GMT -5
My dad was in Nam. I couldn't touch him while he was sleeping he would have your arm twisted behind your back and have you dropped to your knees before he was awake. Usually he was in tears moments after he realized what he was doing. My step-son is currently over seas and I've told his dad I'll go to my grave to make sure our grandkids don't go through that. The tears my dad shed were more painful then anything else.
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